BIS Publishes Advisory Opinion on Certain Information Shared at Standards Body

The Bureau of Industry and Security recently published its response to an advisory opinion request on whether certain information shared with the International Civil Aviation Organization during aircraft standards development activities would be subject to the Export Administration Regulations. The requester, whose name was redacted, believes that the information contains “non-proprietary system descriptions” and therefore isn’t subject to the EAR.

If the information shared with the ICAO is “not necessary for the ‘development,’ ‘production,’ or ‘use’ of any item classified” under an Export Control Classification Number on the Commerce Control List, or if it describes the “performance of one or more platforms” and is “intended to be shared with competitors,” then it wouldn’t constitute “technology” that would be subject to the EAR, BIS said, or would “be a non-proprietary system description as that term is used in” the EAR. “If either scenario applies, then the information and data that [the company] shares with ICAO and its Committees would not be subject to the EAR,” the agency said.